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Penalties & Prescription of Crimes

Penalties in Philippine Criminal Law

The penalties under Philippine law are divided into principal penalties and accessory penalties.

 

Principal Penalties

  1. Capital Punishment: Historically, the death penalty was imposed for the most serious crimes such as murder, kidnapping, and drug trafficking. However, it was abolished in 2006 by Republic Act No. 9346. Now, life imprisonment is the most severe penalty.

  2. Reclusion Perpetua: Life imprisonment without eligibility for parole. Imposed for serious crimes like murder, kidnapping, and other heinous crimes.

  3. Reclusion Temporal: Imprisonment for 12 years and 1 day to 20 years, typically for crimes like homicide or serious physical injuries.

  4. Prisión Mayor: Imprisonment for 6 years and 1 day to 12 years. It is imposed for crimes such as serious theft and robbery.

  5. Prisión Correccional: Imprisonment for 6 months and 1 day to 6 years. It is generally imposed for less serious offenses such as reckless imprudence and simple physical injuries.

  6. Arresto Mayor: Imprisonment for 1 month and 1 day to 6 months. It applies to lighter offenses like serious slander or slight physical injuries.

  7. Arresto Menor: Imprisonment for 1 day to 30 days. It applies to infractions like simple threats or violations of municipal ordinances.

  8. Fine: A monetary penalty may also be imposed either as the principal penalty or in addition to imprisonment.

 

Accessory Penalties

These are secondary penalties that may be imposed in addition to the principal penalty. They include:

  • Deprivation of civil rights, such as the right to vote, hold public office, or engage in certain business activities.

  • Suspension from public office in cases of a crime committed while in office.

  • Confiscation of the instrument of the crime.

 

Prescription of Crimes

Prescription refers to the period during which criminal cases may still be filed or prosecuted. After the prescribed period, a person cannot be prosecuted for the crime.

The rules on prescription are outlined in Article 91 of the Revised Penal Code and other special laws.

 

General Prescription Periods:

  1. Capital Crimes (those punishable by death, reclusion perpetua, or life imprisonment):

    • Prescription Period: 20 years.

    • Example: Kidnapping for ransom (Art. 267, RPC).

  2. Serious Crimes (those punishable by reclusion temporal):

    • Prescription Period: 15 years.

    • Example: Murder (Art. 248, RPC).

  3. Less Serious Crimes (those punishable by prisión mayor):

    • Prescription Period: 10 years.

    • Example: Robbery with violence or intimidation (Art. 294, RPC).

  4. Light Crimes (those punishable by arresto mayor or menor):

    • Prescription Period: 5 years or 1 year, depending on the offense.

  5. Violations of Special Laws (e.g., drug-related offenses under RA 9165):

    • Prescription Period: Typically, 20 years for drug offenses like trafficking and manufacturing.

 

Interruptions in Prescription:

  • Article 91: The prescription period may be interrupted by the filing of charges (by the complaint or information) or by suspension of the prescription (e.g., when the accused is outside the Philippines).

 

Cases on Penalties and Prescription

People v. Echegaray (G.R. No. 117472, February 7, 1995)

Facts: The accused, Echegaray, was convicted of rape and sentenced to death. The death penalty was imposed under the Anti-Rape Law of 1997.

Issue: Whether the imposition of the death penalty for rape was constitutional.

Ratio Decidendi: The Supreme Court upheld the imposition of the death penalty at the time, although it was later abolished by Republic Act No. 9346. The Court ruled that the heinous nature of the crime justified the penalty, even though it is no longer applicable.

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People v. Jalosjos (G.R. No. 132875, December 29, 2000)

Facts: Romeo Jalosjos was convicted for rape of a minor, and sentenced to reclusion perpetua.

Issue: Whether the penalties for rape under the Anti-Rape Law of 1997 were applicable to his case.

Ratio Decidendi: The Court upheld the sentence of reclusion perpetua. It emphasized the importance of protecting minors from sexual exploitation and stated that reclusion perpetua was the appropriate penalty for such serious offenses.

People v. Dela Cruz (G.R. No. 184804, May 28, 2012)

Facts: Dela Cruz was charged with murder and sentenced to reclusion perpetua.

Issue: Whether the penalty of reclusion perpetua was correctly imposed.

Ratio Decidendi: The Court clarified that murder (as a result of evident premeditation) is punishable by reclusion perpetua and upheld the sentence. The case highlighted the importance of the qualifying circumstance of evident premeditation.

People v. Lim (G.R. No. 184537, March 17, 2010)

Facts: The accused, Lim, was charged with illegal possession of firearms and drugs. However, the case was dismissed due to the expiration of the prescriptive period for filing charges.

Issue: Whether the prescription of criminal cases applies to the violation of special laws.

Ratio Decidendi: The Supreme Court ruled that the prescriptive period for filing charges in cases of violation of special laws like RA 9165 (Comprehensive Dangerous Drugs Act) applies, and the case against Lim was dismissed because it was filed after the expiration of the prescription period.

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